Legal profession welcomes ban on payment for controversial non-lawyers
Lawyers have welcomed proposals to ban McKenzie Friends from charging fees for their services.
The Judicial Executive Board (JEB) has proposed substantial reform for McKenzie Friends, non-lawyers who offer assistance or appear as advocates on behalf of litigants in person. The number of both litigants in person and McKenzie Friends has risen sharply in number in recent years, partly due to cutbacks in legal aid.
JEB proposes replacing existing guidance with rules of court, introducing a code of conduct requiring McKenzie Friends to acknowledge a duty to the court and a duty of confidentiality, and prohibiting them from charging fees.
It also hopes to provide further protection for litigants in person by requiring them to inform courts in advance that they intend to use a McKenzie Friend and providing information about the Friend.
Chantal-Aimée Doerries QC, Chairman of the Bar, says: “McKenzie friends are unregulated, uninsured and mostly unqualified, and the Bar Council agrees that they should not be allowed to charge people for legal services.
“An unfortunate consequence of legal aid cuts is that paid McKenzie Friends, who are not regulated or insured and are rarely legally qualified, have been charging up to £90 an hour to represent people in court. We have already seen one McKenzie friend banned from court for intimidating witnesses and legal representatives, and another jailed for defrauding his clients.
“Unlike McKenzie Friends, barristers and solicitors are regulated and owe a duty to the court and in this way they serve the interests of justice and the public interest. Those who instruct a paid McKenzie Friend would be better off employing a junior barrister or solicitor. This is often more cost effective and will always represent better value for money.”
The proposals follow the recommendations of a judicial working group, chaired by Mrs Justice Asplin. JEB also intends to produce a plain language guide for litigants in person and McKenzie Friends.
Comments to the consultation, Reforming the courts’ approach to McKenzie Friends, should be submitted by 19 May to mckenzie.friends@judiciary.gsi.gov.uk.
